Jodi J. Martin

The applicant's motion for judicial review of a case management master's decision to recuse herself from construction lien proceedings was dismissed for prematurity.

The respondents sought costs on a substantial indemnity basis, arguing the applicant made reckless attacks on the integrity of a judicial officer.

The Divisional Court awarded costs on a partial indemnity basis, noting the bias issue was not determined on its merits.

The court ordered the applicant to pay $30,000 to the respondent 229 and $3,000 to the respondent St. Clare's.

The applicant sought judicial review of a Master's refusal to recuse herself from a construction lien reference due to alleged bias.

The Divisional Court considered whether the application was premature, as it challenged an interlocutory order before the underlying proceeding was completed.

Applying the factors from Air Canada v. Lorenz, the court weighed the potential hardship to the applicant against the adverse consequences of delay, waste, and fragmentation.

The court concluded that the adverse consequences of delay outweighed the possible hardship to the applicant, particularly given the statutory framework of the Construction Lien Act designed for speedy resolution.

The application was dismissed for prematurity.